Victorian Current Acts

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FISHERIES ACT 1995 - SECT 178

Determinations of the Panel as to interim payments—eligible charter boat operators

    (1)     If the Panel is satisfied—

        (a)     that, a person, who has made an application under section 177, is incurring financial hardship in the prescribed year in respect of which the application is made; and

        (b)     that the person who has made the application is likely to have an entitlement under section 171 for that particular prescribed year

the Panel may determine—

        (c)     the amount that is likely to be that person's entitlement for the particular prescribed year; and

        (d)     an amount (being the whole or a part of the amount determined under paragraph (c)) that the Panel believes it is reasonable to pay to the person before the end of the prescribed year in respect of which the application is made.

    (2)     An amount that the Panel has determined is to be paid to a person under subsection (1) is a debt owed by the State of Victoria to that person.

    (3)     A decision on an application under section 177 must be made not later than 30 days after the application is lodged with the Registrar.

    (4)     On making a decision on an application under section 177 the Panel must notify the applicant and the Secretary in writing of the decision and of its reasons for making the decision.

    (5)     If—

        (a)     an application under section 177 has been made to the Panel; and

        (b)     the time period provided in subsection (3) has elapsed; and

        (c)     notice of a decision on the application for the determination has not been received by the applicant—

the Panel is deemed to have made, on the day on which the time period elapsed, a decision that the applicant has no entitlement to a payment under this section.

S. 179 inserted by No. 40/2002 s. 27.



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